CSHB 288(FIN) am: "An Act relating to commercial fishing limited entry permit buy-back programs, to a permit buy-back assessment, and to voluntary relinquishment of commercial fishing permits; and defining 'optimum number.'"
00 CS FOR HOUSE BILL NO. 288(FIN) am 01 "An Act relating to commercial fishing limited entry permit buy-back programs, to a 02 permit buy-back assessment, and to voluntary relinquishment of commercial fishing 03 permits; and defining 'optimum number.'" 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 16.43.150(f) is amended to read: 06 (f) Except for permits that are not transferable under AS 16.43.170(e) 07 [AS 16.43.170(c) OR (e)], an entry permit survives the death of the holder. 08 * Sec. 2. AS 16.43.150 is amended by adding a new subsection to read: 09 (i) The holder of a transferable or nontransferable entry permit or of an 10 interim-use permit may voluntarily relinquish the permit to the commission. 11 * Sec. 3. AS 16.43.170(b) is amended to read: 12 (b) Except as provided in [(c) AND] (e) of this section, the holder of an entry 13 permit may transfer the permit to another person or to the commission upon 60 days 14 notice of intent to transfer under regulations adopted by the commission. No sooner
01 than 60 days nor later than 12 months from the date of notice to the commission, the 02 holder of an entry permit may transfer the permit. If the proposed transferee, other 03 than the commission, can demonstrate the present ability to participate actively in the 04 fishery and the transfer does not violate any provision of this chapter or regulations 05 adopted under this chapter [IT], and if a certificate for the permit under 06 AS 16.10.333(b)(1) - (2), 16.10.338, or AS 44.81.231(a) is not in effect, the 07 commission shall approve the transfer and reissue the entry permit to the transferee 08 provided that neither party is prohibited by law from participating in the transfer. 09 * Sec. 4. AS 16.43.170(e) is amended to read: 10 (e) The [BEFORE THE DETERMINATION, UNDER AS 16.43.290 AND 11 16.43.300, OF THE OPTIMUM NUMBER OF ENTRY PERMITS FOR A 12 FISHERY, THE] holder of an entry permit who qualified for that entry permit in a 13 priority classification designated under AS 16.43.250(c) may not transfer that permit 14 [UNLESS THE COMMISSION ESTIMATES THAT THE OPTIMUM NUMBER 15 FOR THAT FISHERY WILL BE EQUAL TO OR GREATER THAN THE 16 NUMBER OF OUTSTANDING ENTRY PERMITS AND INTERIM-USE 17 PERMITS]. 18 * Sec. 5. AS 16.43.310 is repealed and reenacted to read: 19 Sec. 16.43.310. Establishment of buy-back funds and permit buy-back 20 assessments. (a) When the optimum number of entry permits is less than the number 21 of entry permits outstanding in a fishery, the commission may establish a buy-back 22 program, a buy-back plan, and a buy-back fund for that fishery. 23 (b) The commission may establish by regulation a permit buy-back assessment 24 for each fishery for which the commission has established a buy-back fund under (a) 25 of this section. The amount of the assessment may not exceed seven percent of the 26 value, as defined in AS 43.75.290, of fish that a permit holder in the fishery subject to 27 the assessment removes from the state or transfers to a buyer in the state. The 28 Department of Revenue shall collect an assessment established under this subsection. 29 (c) The commission shall expend money appropriated to a buy-back fund for 30 the purpose of reducing the number of entry permits in the fishery to the optimum 31 number, at a rate to be established by the commission. The legislature may
01 appropriate interest accrued on the money in a buy-back fund to that fund. Except as 02 provided in AS 16.43.320, money appropriated to a buy-back fund does not lapse. 03 * Sec. 6. AS 16.43.320 is repealed and reenacted to read: 04 Sec. 16.43.320. Administration of the buy-back program. The commission 05 shall adopt regulations providing for the purchase of transferable entry permits with 06 money in the buy-back fund for each fishery. The buy-back program for a fishery 07 shall terminate when the number of entry permits for the fishery is reduced to the 08 optimum. The unexpended balance of appropriations made to a buy-back fund for a 09 fishery shall lapse back into the fund from which the money was appropriated at the 10 end of the fiscal year in which the buy-back program is terminated. 11 * Sec. 7. AS 16.43.990 is amended by adding a new paragraph to read: 12 (10) "optimum number" includes an optimum range of numbers. 13 * Sec. 8. AS 37.05.146(b)(4)(AA) is amended to read: 14 (AA) dive fishery management assessment receipts 15 (AS 43.76.150) and permit buy-back assessment receipts (AS 43.76.220); 16 * Sec. 9. AS 43.76 is amended by adding new sections to read: 17 Article 4. Permit Buy-Back Assessment. 18 Sec. 43.76.220. Permit buy-back assessment. A person holding a limited 19 entry permit or interim-use permit under AS 16.43 for a fishery subject to a permit 20 buy-back assessment established by the Alaska Commercial Fisheries Entry 21 Commission under AS 16.43.310 shall pay the permit buy-back assessment at the rate 22 established by the commission on the value, as defined in AS 43.75.290, of fish that 23 the person removes from the state or transfers to a buyer in the state under the 24 authority conferred by the limited entry permit or interim-use permit. The buyer shall 25 collect the permit buy-back assessment at the time the fish is acquired by the buyer. 26 Sec. 43.76.230. Collection of assessment. (a) A buyer who acquires fish that 27 are subject to a permit buy-back assessment imposed by AS 43.76.220 shall collect the 28 permit buy-back assessment at the time of purchase and shall remit the total permit 29 buy-back assessment collected during each month to the department by the last day of 30 the next month. 31 (b) A buyer who collects a permit buy-back assessment shall
01 (1) maintain records of the value of fish purchased in the state that 02 were subject to a permit buy-back assessment; 03 (2) report the total value, as defined in AS 43.75.290, of the fish 04 acquired during the preceding year that were subject to a permit buy-back assessment 05 to the department by March 1 of each year. 06 (c) The owner of fish removed from the state is liable for payment of a permit 07 buy-back assessment imposed by AS 43.76.220 if, at the time the fish is removed from 08 the state, the assessment payable on the fish has not been collected by a buyer. If the 09 owner of the fish is liable for payment of the permit buy-back assessment under this 10 subsection, the owner shall comply with the requirements under (a) and (b) of this 11 section to remit the assessment to the department, to maintain records, and to report to 12 the department. 13 (d) A permit buy-back assessment collected under this section shall be 14 deposited in the state treasury. The department shall separately account for the 15 amounts collected and interest accrued on the amounts collected for each permit buy- 16 back assessment imposed under AS 43.76.220. The legislature may appropriate 17 revenue generated by a permit buy-back assessment and interest accrued on the 18 assessment to the buy-back fund established for the fishery in which the assessment 19 was collected for the purpose of supporting the buy-back program for that fishery 20 under AS 16.43.310 and 16.43.320. 21 (e) The provisions of AS 43.05 and AS 43.10 apply to the enforcement and 22 collection of a permit buy-back assessment levied under AS 43.76.220 - 43.76.240. 23 Sec. 43.76.240. Definition. In AS 43.76.220 - 43.76.240, "buyer" means a 24 person who acquires possession of fish from the person who caught the fish regardless 25 of whether there is an actual sale of the fish, but does not include a person engaged 26 solely in interstate transportation of goods for hire. 27 * Sec. 10. AS 16.43.170(c) is repealed.